The crime of organizing prostitution has the following characteristics:
1, the object of this crime is social corruption and public security management order. Prostitution is a decadent and ugly social phenomenon. Organizing others to engage in prostitution is an important reason for the emergence, existence and continuous spread of prostitution. This kind of behavior poisons social degeneration and endangers social order. The object of this crime is a natural person, usually a woman, but men can also be the object of this crime;
2. The objective aspect of this crime is to organize many people to engage in prostitution. The so-called "organization" refers to the activities of recruiting, hiring, forcing, luring and sheltering others to sell their sexuality in a planned and organized way. Usually manifested in the following two forms:
(1) Setting up a prostitution place or engaging in prostitution in disguised form. For example, in the name of opening a hotel or entertainment city, it is actually used as a prostitution place;
(2) Although there is no fixed prostitution place, prostitution activities are organized by controlling the people engaged in prostitution. For example, the heads of some restaurants and hotels organize waiters to engage in prostitution outside the store. The so-called "multi-person" refers to three or more people, usually women, including men;
3. The subject of this crime is the general subject, that is, any natural person who has reached the age of 16 and has the ability of criminal responsibility can become the subject of this crime. The unit cannot be the subject of this crime. Personnel or persons in charge of hotels, catering services, culture and entertainment industries who use the conditions of their own units to organize others to engage in prostitution shall also be treated as natural persons, that is, the organizers shall be investigated for criminal responsibility. The subject of the crime of organizing prostitution can be male or female; It can be one person or many people;
4. Subjectively, this crime is intentional, generally for profit. However, because the criminal law does not take profit as a subjective element, no matter what the purpose is, as long as the perpetrator subjectively intends to organize others to engage in prostitution, it constitutes this crime.
Article 359 of the Criminal Law of People's Republic of China (PRC) shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and fined.
Whoever lures a young girl under the age of 14 into prostitution shall be sentenced to fixed-term imprisonment of not less than five years and fined.
Article 358 Whoever organizes or forces others to engage in prostitution shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
Whoever organizes or forces minors to engage in prostitution shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
Whoever commits the crimes mentioned in the preceding two paragraphs and commits crimes such as murder, wounding, rape and kidnapping shall be punished in accordance with the provisions on combined punishment for several crimes.
Whoever recruits or transports people or assists others in organizing prostitution for the purpose of organizing prostitution shall be sentenced to fixed-term imprisonment of not more than five years and fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined.